Privatization of the housing received from the state
Obtaining of public or official housing may take a long time, but it gives a good opportunity for privatization of real estate. In this article you will learn the procedure of privatization of property received from akimat and decisions connected with this matter. About the procedure of public housing obtaining you can learn here.
According to the paragraph 31 article 2 of the Law "On housing relations" privatization of housing - is an acquisition by citizens of occupied by them housing premises into the property in houses of state housing fund.
In other words, privatization - is a repurchase of state or official apartments into private ownership.
Who can privatize public housing?
An employer of a housing from the state housing fund with the consent of adult family members and taking into account the rights of minors shall have the right to privatize the housing at its residual value on the terms and conditions stipulated by this Law and in the order determined by the Government of the Republic of Kazakhstan.
If you have already obtained house and a are a civil servant, employee of budget organization, military personnel, astronaut (cosmonaut candidates) or a person holding public elective positions, you can privatize housing at a depreciable value.
You have the right to privatize housing (according to p. 3 of the Rules of housing privatization from public housing fund) if worked in the civil service, public enterprises and in budget organizations (including the time spent on state elective office) at least ten years, and regardless of the period of work if the employment relationship were terminated by the following reasons :
liquidation of the organization, reduction of personnel;
due to the illness, preventing further work;
due to retirement.
Candidates for astronauts and cosmonauts who have work experience in the field of space activities for more than fifteen years privatize housing free of charge.
In case of death of an employee who has been granted housing equated to the official one, the right of privatization passes to the family members of died (deceased) person, regardless of work length of the died (deceased).
If the official housing was provided to you due to participating in active measures to promote employment, you may privatize it at at a depreciable value after residing in it at least five years.
If you belong to the military service for ten years or more in a calendar year on January 1, 2013, you have the right to privatize the official residence from the state housing fund at depreciable value. And if by that date you have more than fifteen years of service, you have the right to privatize the official accommodation for free after twenty years of military service in a calendar year. (Passing through this link you can learn about all benefits of military personnel).
Who can privatize housing free of charge?
- veterans of the Great Patriotic War. In the case of the death of veterans of the Great Patriotic War, who was provided with a housing, right to its free obtaining pass to the members of his family (to get a reference on the availability of benefits) *
- disabled people of groups 1 and 2 (to learn about all benefits and payments of the Republic of Kazakhstan);
- those who took part in relieving of consequences of Chernobyl nuclear power plant and other radiation accidents and accidents at civilian or military purposes, as well as directly involved in nuclear tests and exercises (to get a reference on belonging to this group) *;
- RK citizens who were victims of nuclear tests at the Semipalatinsk nuclear test site;
- military personnel who have become disabled due to injury, concussion, injury received in the defense of the former Soviet Socialist Republics Union, while performance of other military duties in other periods or due to disease associated with being at the front, as well as during military service in Afghanistan or other states in which the operations were conducted;
- RK citizens who were victims of environmental disaster in the Aral Sea;
- military personnel, as well as special government employees with seniority of twenty years or more in a calendar year;
- candidates for astronauts and cosmonauts. In the event of death of the candidate for the astronauts, cosmonauts who have been granted a residence, the right to its obtaining for free passes to the successors of the deceased (dead).
* Note . Reference on the availability of benefits (veterans of the Great Patriotic War, the liquidators of the accident at the Chernobyl nuclear power station, peacekeeping soldiers) can be found online, it does not need EDS . You can help relatives to get a reference as you can get it not only for you but also for relatives.
What kind of housing can not be privatized?
- housing rented under separate rental contracts to several tenants in case one of them does not agree to purchase;
- provided as rental housing without the right of redemption;
- in temporary buildings;
- that do not meet the established sanitary and epidemiological and technical requirements;
- to be converted into non-residential premises due to their unsuitability for further living;
- located on the territory of military camps, frontier posts and other closed objects;
- in specially protected natural areas;
- to be demolished;
- provided from the communal housing stock for use by citizens of the Republic of Kazakhstan, whose only housing is recognized as emergency in the order established by the legislation of the Republic of Kazakhstan;
- provided by the departmental housing fund to civil servants appointed to their posts on a rotational basis for the duration of their official duties;
- provided from January 1, 2013 from the housing fund of special state bodies to employees, except for cases stipulated by the Law of the Republic of Kazakhstan "On Special State Bodies of the Republic of Kazakhstan".
- Privatization is also not subject to bed-type and room-type accommodation provided to persons working under an employment contract, students (cadets, postgraduates) and students for the period of study.
Citizens of the Republic of Kazakhstan have the right to privatize only one dwelling from the state housing Fund in the territory of the Republic of Kazakhstan.
Who makes decisions on privatization of public housing?
According to article 12 of the Rules of housing privatization from public housing fund decisions on privatization of housing are made by:
from communal housing fund- housing commissions of local executive bodies;
from housing fund of state enterprises - housing commission of state enterprises;
from housing fund of state institutions- housing commission of state agencies.
Housing commission is a collegial body that is created by local akimats, public enterprises, public institutions, and is authorized to make a decision on housing issues. Housing commission operates on a continuous basis.
Housing commission is composed of not less than five members (odd number of members of the commission is required), and it is composed of the head of company (with the exception of central government), executive secretary, heads of legal, financial, personnel services (if any) and the representatives of trade union organizations.
Housing commission considers the applications of applicants for housing, check the documents submitted to the completeness, accuracy, takes a decision to approve or refuse the application. In case of lease it specifies the amount of payment for housing and, in case of privatization of public or official housing commission considers the conclusion of contract (see how it looks), and presents the invoice. Also, the housing commission makes requests to the authorities on the information provided, performs calculations, and is responsible for the safety of the materials and data, and ect.
What documents are required for privatization of housing?
According to paragraph 12 of the Rules of housing privatization from public housing fund for the acquisition of housing into the property in order of privatization it's necessary to submit following documents for housing commission consideration:
- application for the privatization of the occupied housing, in the form of an electronic document, signed by EDS by all adult members of the employer's family
- electronic copy of the certificate of marriage (dissolution), death of family members, birth of children (if necessary, in case of lack of information in the information system);
- an electronic copy of the contract of hiring (rent) or a warrant for housing;
- in cases of recognition of other persons as members of the family of the service recipient, the latter is presented with an electronic copy of court decision recognizing them as a family members of the service recipient;
- citizens belonging to socially vulnerable layers of the population additionally submit an electronic copy of documents confirming the belonging of the service recipient (family) to the socially vulnerable layers of the population;
- citizens belonging to the category of civil servants, employees of budget organizations, military personnel, employees of special state bodies, judges and persons holding public elective offices, additionally submit an electronic copy of certificate from the place of work (service) or a copy of the document confirming the work activity of the employee. Candidates for cosmonauts, cosmonauts submit an electronic copy of document confirming their status, which is assigned by the Government of the Republic of Kazakhstan;
- an electronic copy of document confirming the absence of debt under the contract of rent of a home;
- in the case of privatization in accordance with paragraph 7 of the Rules - an electronic copy of the document confirming the membership in the category of citizens entitled to free receipt of the ownership of the housing from the state housing stock.
- Information on identity documents, certificates of marriage or divorce (after 1 June 2008), death (after 13 August 2007), birth of children (after 13 August 2007), certificates on the presence or absence of a housing (in the Republic of Kazakhstan) owned by them on the basis of the right of ownership, address certificate, court decision on recognition of other persons as members of the family of the service recipient, documents confirming that the service recipient belongs to socially vulnerable groups of the population are provided to the service provider for all family members from the relevant state information systems through the e-Government Gateway.
It is prohibited to request additional documents that are not provided for in this list of rules of privatization of dwellings from the state housing Fund.
What is the process of privatization of housing obtained from the state?
Submission of an application with the required documents.
- Consideration of application by housing committee, checking of documents and their authenticity and completeness, making of a decision.
- Payment of the depreciable value, or if it is free, registration of necessary documents (registration of rights to real property).
Last update: 14.04.2021